AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• In February 2009, Jessica Crespin, then 14, was picked up from her school by 18-year-old Fabian Fierro and 19-year-old Travis Bainbridge in an uninsured vehicle. Crespin had known Fierro for about three years and had previously had sexual relations with him. She believed Bainbridge was her boyfriend at the time. After being picked up, Crespin was taken to Fierro's mother's house, where Fierro had sexual relations with her, and Bainbridge sexually assaulted her. Crespin later reported the incident and sought uninsured motorist coverage from Safeco Insurance Company of America under her mother's policy, which was denied (paras 1-9).

Procedural History

• District Court of Bernalillo County: The court ruled in favor of Safeco, dismissing Crespin’s claim for uninsured motorist coverage after a bench trial (para 1).

Parties' Submissions

• Plaintiff-Appellant (Jessica Crespin): Argued that the injuries and damages arose out of the use of the uninsured vehicle, thus covered by the Safeco policy’s uninsured motorist provision, because there was a sufficient causal nexus between the use of the uninsured vehicle and the sexual assault (para 13).
• Defendant-Appellee (Safeco Insurance Company of America): Contended that Crespin’s injuries did not arise out of the use of the uninsured vehicle, emphasizing the lack of a sufficient causal nexus between the vehicle's use and the resulting harm (paras 10-11).

Legal Issues

• Whether there was a sufficient causal nexus between the use of the uninsured vehicle and the sexual assault of Crespin to warrant coverage under the uninsured motorist provision of the Safeco policy (para 13).

Disposition

• The Court of Appeals affirmed the District Court’s judgment in favor of Safeco, concluding that its policy of insurance does not provide uninsured motorist coverage for the incident at issue (para 34).

Reasons

• Per Bohnhoff, J. (Vigil and Kiehne, JJ., concurring): The court held that the use of the uninsured vehicle to transport Crespin, Fierro, and Bainbridge to Fierro’s mother’s house did not make the vehicle an active accessory to Bainbridge’s subsequent sexual assault of Crespin. The court reasoned that the vehicle was used only for transportation to the site of the assault and did not provide any physical or proximal advantage in committing the sexual assault. The court distinguished this case from others where vehicles were deemed active accessories in the commission of crimes, emphasizing that the mere transportation of the assailant and/or the victim to or from the scene of the intentional tort is not a sufficient connection to establish the vehicle as an active accessory. The court also noted that the intent to commit a tort after using a vehicle for transportation does not alter this analysis (paras 28-33).